Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. The Treaty between the United States and Mexico calls for probable cause to be measured by the standards established in the requesting country. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Mexico takes issue with the March 3, 1997 declaration, noting that it was not signed by the declarant, nor is part of an official proceeding or under penalty of perjury. By Molly Moore. Miranda's statement was given to an officer of this Court. Get free access to the complete judgment in MATTER OF EXTRADITION OF MAINERO, (S.D.Cal. As noted previously, Respondent also offers the expert opinion of Rodolfo Gastelum Perez which has been excluded under the analysis previously set forth.[31]. The document is not authenticated. the arrest dates of Soto and Cruz), is unpersuasive as offered to totally obliterate probable cause under a Contreras analysis. 00:15. Criminal activity is defined as those who agree to or plan the crime, commit the crime themselves and/or commit the crime jointly with others (Article 13, Sections 1 through 3, inclusive). [5] This Declaration is filed in Case No. [16] Further, it is not the responsibility of this Court to assess the probability that the requesting party will be able to secure a conviction. 1136 (1916). ``When they want to do a job _ when they want to bring down the hammer _ they can do it with brilliance and genius, Lupsha said. Respondent's role is alleged to have included, among other things, the planning and carrying out of assassinations of people perceived to be enemies of the AFO, including rival drug traffickers and law enforcement officials. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. Mr. Valdez became a top operative in the organization, arranging drug . The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. Quin era 'El Kitty', narcojunior interpretado por Bad Bunny? Conoce a Kitty Paez, el narcojunior al que dio vida Bad Bunny este 2021 Respondent also offers, as evidence to defeat probable cause, recantations by Cruz and Soto relative to the earlier statements[36]. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. *1218 Respondent has been accused by Mexico of murder in violation of Mexican law. As described herein, the Court does find that the Republic of Mexico has met the documentary and timeliness requirements of the Treaty. Ultimately, the Court concludes that there is no reliable evidence of torture or duress of the witnesses. The Second Circuit affirmed the denial of the habeas corpus petition. This is part of the framework created by case law in these proceedings. In the Matter of the Extradition of Contreras,800 F. Supp. Case against mother, sons charged in Emilio Valdez murder case advances On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. United States v. Taitz, 130 F.R.D. In Bruton, the Supreme Court held that the admission of a co-defendant confession at a joint trial violates the defendants right to confrontation if the confession also incriminates the defendant. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. 934 (D.Mass.1996). When he appeared in court, the judge also noted, on the record, residual signs of physical injury. Cartel May Have Targeted U.S. Prosecutor - Los Angeles Times Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. In the instant case, Mexico has submitted, inter alia, sworn declarations of percipient witnesses and accomplices to the crimes alleged against Valdez. Magistrate No. Furthermore, the sworn witness statements in the instant case are the type of evidence contemplated by the Treaty to avoid the need for the requesting country to send its witnesses to the requested country to testify at the extradition hearing. There is no authority that exists that requires a magistrate judge to authorize compelled disclosures of explanatory information. The Republic of Mexico seeks to extradite Valdez to answer the following charges: (1) Carrying a firearm exclusive to the Army, Navy and Air Force on or about April 9, 1996 in violation of Article 83, Section II, in accordance with Article 11, Section (b), of the Federal Law of Mexico on Weapons and Explosives;[10]. The two cars stopped in the village of San Mateo Atenco. Date published: Mar 20, 2013. Mexico Wins Extradition of Two Defendants From U.S. for Drug-Killing The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. 3190 having been properly and legally certified and authenticated by Bruce A. Beardsley, principal counsular officer of the U.S. in Mexico. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . [42] The response from Mexico indicates that closed proceedings related to General Rebollo are ongoing in Mexico and that Ruiz is a witness therein. October 21, 1996. Matter of Extradition of Mainero, 990 F. Supp. 1208 - CourtListener 1980), the court refused to decide whether the accused might be tortured or killed if surrendered to the requesting nation because this argument raised an "issue that properly falls within the exclusive purview of the executive branch" Id. A few seconds passed and then he saw the white Volkswagen speed out of the parking lot. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. Article 11, itself, cites that urgency to arrest and detain an individual supports this initial procedure. He ended up in the hospital with gunshot wounds he said were inflicted by a member of the Arellano organization. Id. 3184, Argento v. Horn, 241 F.2d 258 (6th Cir.1957). Los jvenes que cayeron en las garras de los hermanos Arellano Flix fueron: Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, hijo de un empresario, Eduardo Len, los hermanos Endir y Henain Meza Castaos, Gustavo Miranda Santa Cruz y Fabin Martnez. Under United States law, a conspiracy is an agreement among two or more persons to commit a crime. Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. DRUG GANG'S LONG ARM GRIPS MEXICO - The Washington Post Neely v. Henkel,180 U.S. 109, 21 S. Ct. 302, 45 L. Ed. These latter efforts resulted in the formulation of the March 3, 1997 "declaration.". [43] The balance of the evidence, as noted, does not lead to the conclusion that Alejandro was under duress, nor, that the November 30, 1996 deposition is unreliable. denied, 454 U.S. 894, 102 S. Ct. 390, 70 L. Ed. Miranda declared that Valdez and Martinez committed the murder of Gallardo. At the time, Emilio Valdez Mainero, a member of the Arellano Flix cartel, said in a bugged conversation with a inmate-turned-informant that he wanted to kill Curiel. In the Matter of the EXTRADITION OF Emilio Valdez MAINERO. Aparte de Kitty 'Pez', los que formaron el grupo de los "Narcojuniors" fueron Emilio Valdz Mainero, hijo de un guardia presidencial; Alfredo Hodoyan Palacios, hijo de un importante empresario . En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. 1274 (1913); Glucksman v. Henkel,221 U.S. 508, 512, 31 S. Ct. 704, 55 L. Ed. The Miranda statement provides competent evidence to support a finding of probable cause that Valdez was involved in the Gallardo and Sanchez murders of April 9, 1996. *1226 In the final analysis, the Ruiz declaration is inadmissible given the lack of authenticity, certification or reliability and does little to support the recantations of Soto and Cruz. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. Respondent's reliance upon Article 11, Paragraph 3, is misplaced. Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. Extradition of Mainero, Matter of, 950 F. Supp. 290 | Casetext Search In Matter of Extradition of Lui Kin-Hong,939 F. Supp. Gill v. Imundi,747 F. Supp. While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. The Court concludes that each of the crimes for which extradition is requested by Mexico are among those specified in the Treaty but that only Criminal Association and First Degree Murder are analogous to United States law. Under 18 U.S.C. emilio valdez mainero. mayo 9, 2022. Id. Mexican Tale: Drugs, Crime, Torture and the U.S. 5.1 is without authority and is unavailable in any event under prevailing authority. [44] There are some inconsistencies in the testimony when various statements are compared, but these are not significant differences affecting this analysis. On July 29, 1997, Respondent filed a Motion to Reopen Evidence in this matter. There is no question, and no conflict in the evidence, that Gallardo and Sanchez were shot and killed by two individuals on April 9, 1996, at approximately 9:30 p.m., at the entrance of the restaurant at the Holiday Inn in Toluca, Mexico. Homicide is an extraditable offense under Article 2(1) and Appendix Part 1 of the treaty. As more clearly established by case law, the Court should not usurp the constitutional authority of the State Department in this respect. No mention of torture or physical abuse is made. In fact, they are of relatively little evidentiary value herein and as such, an extended analysis is unnecessary. While Ruiz provides no direct account of any torture, this information supports a finding that Alejandro was "in custody"[43] along with others and supports an argument that extended detention was involved in the handling of the witnesses by Mexico. The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. As indicated previously, the extradition hearing is not a trial, nor a criminal proceeding providing respondent with rights available in a criminal trial at common law. Gonzalo Curiel was made by Emilio Valdez Mainero in a bugged conversation with a convicted cocaine trafficker and government informant . From Pampered Sons To Hit Men? - The Seattle Times The long list of challenges to the probable cause finding in Mexico and the other alleged infirmities are not fully set forth herein as the Court finds the opinions of Attorney Gastelum are irrelevant to these proceedings. Mar. Ultimately, the United States sought to stay the proceedings for an additional ninety (90) day period. 18 U.S.C. Defense counsel was provided for Mr. Cruz Vasquez identifies himself as a member of the AFO and states that in March, 1996, he had several visitors to his home, including Respondent Valdez, Martinez, and co-extraditee Alfredo Hodoyan Palacios. [13] The diplomatic note related to the initial firearms charge[14] and the criminal association charge. [15] The Treaty, in Article 11, and 18 U.S.C. The recantations are little more than self-serving declarations at the time of "arraignment" on the charges based upon the statements given to the federal prosecutor. Respondent's request for discovery is denied. Specifically, the Court ordered the United States to file copies of videotapes of Alejandro Hodoyan's deposition; evidence including Respondent's statements regarding the circumstances surrounding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 declaration by Alejandro Hodoyan;[5] and, all statements, recordings, transcriptions and memoranda of interviews by the assistant U.S. Attorney and federal agents of Alejandro Hodoyan. [41] The statement of Francisco Cabrera Castro, aka "Piedras" is offered in the Extradition of Alejandro Hodoyan Palacios, 96mg1828 AJB. No. Respondent's objections to this evidence and his explanatory evidence have already been addressed, and rejected. Cruz admitted his own involvement in the criminal activities of Valdez and the AFO and admitted that he was paid to assist them in killing the enemies of Ramon Arellano-Felix. [38] Specifically, Cruz was charged with homicide and Soto was charged with possession of various *1224 weapons, and a narcotics related offense (possession of marijuana). Court documents say the threat against assistant U.S. Atty. Cruising the freeway between San Diego and Tijuana, Mexico, like any suburban commuter, Emilio Valdez Mainero seemed an unlikely assassin. 2d 455 (1972). The charge related to the 1994 event has been abandoned. While the Court has wide latitude in admitting evidence, and hearsay evidence is admissible, the Ruiz statement is without any legally reliable corroborating or authenticating evidence in this case. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. (5) Gilberto Vasquez Culebro. Respondent also challenges compliance with the Treaty, and urges his release in these proceedings, relative to the "late filing" of certified documents in this case. A Supplemental Complaint was filed and Respondent was arraigned thereon on October 16, 1996. (2) A Preparatory Statement of October 13, 1996, at 7:50 p.m. made before the First District Judge of Federal Criminal Proceedings in the State of Mexico, at the Federal Center for Social Rehabilitation Number 1, in Judicial Proceedings Courtroom Number One. 956 (1922). Several days went by before Cruz met with Valdez, Martinez, Contreras and Cabrera. Quin era en realidad 'El Kitty', narcojunior al que da vida Bad Bunny 3190. There is no indication of any coercion or duress, and in fact, Miranda is given "use immunity" with regard to the statement. Under Article 10 of the Treaty, the request for extradition is required to contain the description of the offense for which extradition is requested and shall be accompanied by: (1) A statement of the facts of the case; (2) The text of the legal provisions describing the essential elements of the offense; (3) The text of the legal provisions describing the punishment for the offense; (4) The text of the legal provisions relating to the time limit on the prosecution of the offense; and. Soto extensively describes other, numerous criminal activities of the AFO. The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. [45] The physical injuries to Cruz are certainly suspicious in this regard. 896 (S.D.Cal.1993). It is alleged that Respondent was involved in criminal activities within the Arellano-Felix drug trafficking organization (hereinafter AFO). However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Fed.R.Evid. These issues were analyzed under that premise. Mexican Tale: Drugs, Crime, Torture and the U.S. The interviews of Alejandro in the United States confirm the uncoerced willingness of Alejandro to provide testimony concerning the criminal activities of the AFO and Respondent's role therein. Fabin Martnez remplaz en el cargo a Emilio Valdez Mainero, El CP, y adems compadre de Ramn Arellano Flix, luego que aqul fue arrestado en 1996 en San Diego, California, y condenado a 30 aos de prisin por delitos relacionados con trfico de cocana y herona hacia Estados Unidos. Valdez moved the Court for release under the special circumstances doctrine. Under Article 10(7) of the Treaty, the probable cause determination is to be made in accordance with the laws of requested party (here, the United States). 937 (D.Vt.1991); Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Mexico did not produce a signed statement of Sergeant Ruiz or evidence of dates of arrest of the referenced witnesses. The Supplemental Complaint charged Respondent with criminal association under Article 164, paragraph 1 and Article 13, section 2 of the Penal Code for the Federal District. These three were carrying short range firearms in a white Volkswagen. Mr. Vasquez states that the individuals acted suspiciously and carried long and short range firearms. [27] Soto actually made a series of statements relative to this matter. 1996) on CaseMine. Article 3 of the Treaty says, in part: In this case, that means as defined in federal law. No charges have been filed against Anaya, and he denies the allegations. 534 (1902). Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. A review of the evidence submitted in support of those charges meets the requirements regarding identity and probable cause sufficient to fulfill the fifth extradition requirement. While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. In making this ruling, the Court of Appeals stated: After making its holding, the Gallina court did state that a case might occur in which the extraditee "would be subject to procedures or punishments so antipathetic to a federal court's sense of decency as to require reexamination of the [the general principle upholding extradition.]" These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. The limitations of the judicial review at this stage of the proceedings, however, should not be an excuse to admit evidence presented without apparent foundation or any independent indicia of trustworthiness. Mr. Vasquez testified based upon his acquaintance and interaction with Respondent and his involvement in the events he describes. ("Miranda") In his November 19, 1996 declaration, Miranda states that he knows the Arellano Felix brothers. Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. 24). Emilio Valdez Mainero declara que en mayo de 1992, l, Arturo "Kitty" Pez Martnez, Fabin Martnez Gonzlez "El Tiburn", David Barrn Corona y Jorge Alonso, fueron a buscar para matarlo, a Ricardo Olmos; que despus que lo localizaron como usuario de un taxi, se emparejaron al vehculo y Valdez y Barrn descendieron del . Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. [29] Respondents request for discovery of all evidence of discussions with Alejandro Hodoyan is denied on the basis of the authority set forth in footnote 26, except to the extent that this information was produced in response to the Court's order of September 11, 1997 (see footnote 6). Case Number: 97CR2149 JM (S.D. 96mg 1828(AJB). 25. 253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. Columna. Support for the reliability of Soto's "recantation" (and by inference the other recantations) is offered by Respondent in an unsigned and uncertified declaration of First Seargent Vicente Ruiz Martinez, submitted on June 30, 1997 at the extradition hearing. Entre los jvenes reclutados por el narcotrfico mexicano se encentraban Emilio Valdez Mainero, hijo de un guardia presidencial, Alfredo Hodoyan Palacios, Eduardo Len, los hermanos Endir y . 2d 74 (1960), as the case that establishes the possibility of a "humanitarian exception" based on the "federal court's sense of decency." Barrett v. United States, 590 F.2d 624 (6th Cir. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. 30), he requests discovery regarding the statement by Miranda. [17] Article 9(1) provides in pertinent part, "the executive authority of the requested party shall have the power to deliver them up if, in its discretion, it is deemed proper to do so". United States v. Valdez-Mainero - casetext.com Negocia "El Caballo" inmunidad con EU - Periodico El Vigia A great number of questions exist, and many questions remain unanswered in this case. Specifically, their testimony is summarized as follows: A. Gerardo Cruz Pacheco, aka "Capitan," On October 12, 1996 at 1:00 p.m.,[23] Gerardo Cruz Pacheco, aka "Capitan," (hereinafter "Cruz"), made a signed statement before Alma Leticia Lares Tenorio, an agent of the Mexican Federal Public Prosecutor. El recordado criminal perteneca a los Narcojuniors, una clula del crtel de Tijuana que sale a relucir en la nueva temporada de la serie de Netflix. 956 (1922). They are: (1) Ministerial Statement of September 27, 1996, at 1140 a.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (2) Additional Ministerial Statement of September 27, 1996, at 6:30 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor, in Guadalajara, Mexico; (3) Additional Statement of September 30, 1996, at 9:00 p.m. to Maria Isabel Gonzalez Chavez, an agent of the federal prosecutor in Mexico City, Mexico; and. These offenses are extraditable offenses under the extradition treaty between Mexico and the United States. Valdez and Martinez drove off in the white Volkswagen and Cruz and Contreras followed them in a navy blue Cutlass.[24]. Mexico's evidence does support a finding of probable cause with regard to the criminal association charge. "The Secretary of State has sole discretion to refuse extradition on humanitarian grounds because of the procedures or treatment that await the surrendered fugitive." Informacin de El Universal. That conclusion is based on the following analysis. Soto recounted another incident in March, 1995, during which he was told by members of the AFO that Valdez and others participated in the assassination of a man named "Endir" who was the cousin of Manolo Rico. 526/2019. As to Soto, his three statements to the Mexican authorities, two on September 27, 1996 and one on September 30, 1996, respectively, do not reference any injury. Nobody threatens my brother because the moron who does it, dies.". Bingham v. Bradley,241 U.S. 511, 517, 36 S. Ct. 634, 60 L. Ed. In the Ruiz statement, it appears that Soto was arrested at least no later than September 15, 1996. Extradition case of Mexican men reveals details of vicious drug gang La historia detrs del ingreso de Bad Bunny a "Narcos: Mxico" - Mag. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. R.Crim.P. Mr. Valdez was referred to as "El Cabezon", "C.P. Valdez was ordered detained following arraignment. Seduction of a Generation - Los Angeles Times [21] This evidence is certified by the principle diplomatic or counsular officer of the United States in Mexico and is received into evidence pursuant Article 10(6) of the Treaty and 18 U.S.C.
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